In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1617V

UNPUBLISHED

CHRISTA CARDENAS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 10, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 16, 2019, Christa Cardenas filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2(the 

“Vaccine Act”). Petitioner alleges that she suffered shoulder injuries as a result of an

influenza vaccine administered on October 31, 2018. Petition at 1. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On April 27, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for a Shoulder Injury Related to Vaccine Administration. On May 10, 2021, 

Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner 

should be awarded $58,039.67. Proffer at 1-2. In the Proffer, Respondent represented 

that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find 

that Petitioner is entitled to an award as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the decision will be available to anyone with access to the 

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact 

medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. 

If, upon review, I agree that the identified material fits within this definition, I will redact such material from 

public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

Pursuant to the terms stated in the attached Proffer, I award Petitioner:

• A lump sum payment of $57,719.34 (representing compensation in the 

amount of $55,000.00 for pain and suffering, $506.34 for lost wages, and 

$2,213.00 for unreimbursable medical expenses).

• A lump sum payment of $320.33 representing compensation for 

satisfaction of the Texas Medicaid & Healthcare Partnership lien, payable 

jointly to Petitioner and

TMHP TPL-Tort Department

Attn: Tort Receivables

P.O. Box 202948

Austin, TX 78720-2948

Case number: 999992535304240

Petitioner agrees to endorse this check to TMHP TPL-Tort Department.

These amounts represent compensation for all damages that would be available 

under § 15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

CHRISTA CARDENAS, )

)

Petitioner, )

)

v. ) No. 19-1617V

) Chief Special Master Brian Corcoran

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

 )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 27, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner 

suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the Table 

timeframe following an influenza vaccination, which was compensable under the National 

Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly, 

on April 27, 2021, the Chief Special Master issued a Ruling on Entitlement. 

I. Items of Compensation 

Respondent proffers that petitioner should be awarded $55,000.00 for pain and suffering, 

$506.34 for lost wages, $2,213.00 for unreimbursable medical expenses, and $320.33 to satisfy a 

Medicaid lien asserted by Texas Medicaid & Healthcare Partnership. These amounts represent 

all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 

Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made in 

the form of two lump sum payments:
2

A. A lump sum payment of $57,719.34, representing compensation for pain and 

suffering, lost wages, and unreimbursable medical expenses, in the form of a check 

payable to petitioner.

1

 

B. A lump sum payment of $320.33 representing compensation for satisfaction of the 

Texas Medicaid & Healthcare Partnership lien, payable jointly to petitioner and 

TMHP TPL-Tort Department

Attn: Tort Receivables

P.O. Box 202948

Austin, TX 78720-2948

Case number: 999992535304240

Petitioner agrees to endorse this check to TMHP TPL-Tort Department.

These payments represent all elements of compensation to which petitioner is entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court 

for appropriate relief. In particular, respondent would oppose any award for future medical 

expenses, future pain and suffering, and future lost wages.
3

s/ LARA A. ENGLUND

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044-0146

Tel: (202) 307-3013

E-mail: lara.a.englund@usdoj.gov

Dated: May 10, 2021